Domestic Violence Defense Attorney in Modesto, CA
Because domestic violence is categorized as a violent crime, even a charge—never mind the conviction—can wreak havoc on your personal and professional life. Whether charged as a misdemeanor or a felony, a domestic violence conviction will result in losing some of your civil rights, including the right to own, possess, or carry a firearm; your custody of your children; and the ability to remain in the country, if you are not a U.S. citizen.
Derek L. Casey understands the sensitive and complex nature of these cases, and he has the experience to defend you without judgment. A person may be charged with domestic violence because of a misunderstanding or a mistake, but that doesn’t stop the courts and the public from placing intense pressure on judges and juries to convict. That’s why you should hire an attorney with the tact, knowledge, and resourcefulness to defend your rights successfully.
When to Hire an Attorney for Domestic Violence in California
In California, a person can be charged with domestic violence if they’re believed to have abused an intimate partner, whether the romantic relationship is current or in the past. The abuse can be a physical injury or act of violence (with or without visible injury), or it can be non-physical, such as threats of violence, stalking, or even “revenge porn”—posting sexually explicit photos of someone online without their permission.
There are many ways to defend against a domestic violence charge. The prosecution must prove that:
- You committed a violent act purposefully (it was not an accident)
- The victim’s injuries were a result of your actions (not someone else’s or their own)
- You did not act in self-defense or someone else’s defense (such as a child)
- The victim has not made a false accusation
A skilled DUI attorney can address these and other weaknesses in the prosecution’s case against you. We may be able to have the charges dismissed altogether or negotiate a reasonable plea to a lesser charge. The sooner you call Derek L. Casey, the better chance of a positive outcome in your case!
California Domestic Violence FAQs
Many acts can be considered abuse in California, ranging from physical violence to threats of violence, and even emotional abuse in certain cases. Actions that are addressed in the California penal code include, but are not limited to:
- Corporal (bodily) injury
- Domestic battery (violence without visible injury)
- Criminal threats, stalking, and aggravated trespass
- “Revenge porn” or posting damaging information on the internet with the intent to harass
There are many crimes of domestic violence, including battery, threats, abuse, and even neglect. Some charges, such as “revenge porn,” are classified as misdemeanors, while corporal injury is always a felony. Many charges can be classified as either misdemeanors or felonies, depending on the circumstances surrounding the event, the seriousness of the alleged victim’s injuries, and your prior criminal record.
No matter whether you feel you are guilty of the domestic violence charge or wrongfully accused, Derek L. Casey will fight for an outcome that avoids the harshest penalties associated with a conviction.